The Issue Of Data Protection Laws

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Right to be forgotten-background In Europe, ever since the first proposal for harmonized data protection laws were made by the EU in 1973, one of the fundamental principles of data protection law has been that of data retention or data conservation (the obligation of the data user or controller to keep data for a limited period of time only) (Warner, 2005). Since the late 1960s data retention has been subject to quasi-legal restrictions in Europe. The first proposal for harmonized data protection laws in Europe was made by the Council of Europe in 1973 (Warner 2005). This acknowledged the serious threats poised to the rights of the individual, which were in its view placed in an inherently vulnerable position as a result of certain…show more content…
This principle is justified by a faith in a human beings capacity to change and improve as well as on the belief that a person should not be judged solely upon their past. The base principle suggests that once an individual has paid what is due or ‘their debt t society’, society must offer said individual the possibility to rehabilitate and restart their life without any prejudice against them for their past errors. It could be argued that this approach restricted free speech as it placed a caveat upon what could be said even if based in fact. However the online version of the right to be forgotten although similar in concept, deals with data storage in a different way as it relates to data that is no longer needed rather than the erasing of past events or preventing a certain kind of speech. Yet, as I shall discuss, within the right to be forgotten there are questions as to who decides what data is no longer needed and although data is not deleted, to be removed from a public search engine, arguably removes said data from the accessible public domain. In 2009 Viviane Reding was accepted to the position of European Commissioner for Justice, Fundamental Rights and Citizenship after previously serving as the Commissioner for Information Society and Media. In her previous role Reding was an outspoken advocate for the development of EU privacy
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